GUIDELINES ON LEGAL AID GUIDELINES GOVERNING THE

ESTABLISHMENT
AND OPERATION OF LEGAL AID OFFICES IN ALL CHAPTERS OF THE
INTEGRATED BAR OF THE PHILIPPINES

ARTICLE I
(Section 1 to 5)

PUBLIC RESPONSIBILITY

SECTION. 1. Public service. – Legal Aid is not a matter of charity. It is a means for the
correction of social imbalances that may and often do lead to injustice, for which reason
it is a public responsibility of the Bar. The spirit of public service should, therefore,
underlie all legal aid offices. The same should be so administered as to give maximum
possible assistance to indigent and deserving members of the community in all cases,
matters and situations in which legal aid may be necessary to forestall an injustice.

⮚ REPUBLIC ACT NO. 9999 (2006), Legal Aid Law

REPUBLIC ACT NO. 9999 “AN ACT PROVIDING A MECHANISM FOR FREE
LEGAL ASSISTANCE AND FOR OTHER PURPOSES” This Act shall be known as
the "Free Legal Assistance Act of 2010".

⮚ Public Attorney's Office (PAO)

⮚ Declaration of Policy. - the State to value the dignity of every human person and
guarantee the rights of every individual, particularly those who cannot afford the
services of legal counsel.

to promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies
and programs that provide adequate social services and improve the quality of
life for all.

the State shall guarantee free legal assistance to the poor and ensure that every
person who cannot afford the services of a counsel is provided with a competent
and independent counsel preferably of his/her own choice, if upon
determination it appears that the party cannot afford the services of a counsel,
and that services of a counsel are necessary to secure the ends of justice and
protect of the party.

⮚ B.M. No. 2012 PROPOSED RULE ON MANDATORY LEGAL AID SERVICE

FOR PRACTICING LAWYERS RESOLUTION shall be known as “The Rule on
Mandatory Legal Aid Service”, February 10, 2009 - This Rule shall govern the
mandatory requirement for practicing lawyers to render free legal aid services
 in all cases (whether, civil, criminal or administrative) involving indigent and
pauper litigants where the assistance of a lawyer is needed. It shall also govern
the duty of other members of the legal profession to support the legal aid
program of the Integrated Bar of the Philippines. This is a Resolution issued by
the 14 associate justices and the CJ Renato Puno.

REPUBLIC ACT NO. 10389, RECOGNIZANCE ACT OF 2012

AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING

THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A
CRIMINAL CASE AND FOR OTHER PURPOSES. This Act shall be known as the
"Recognizance Act of 2012″.

Recognizance is a mode of securing the release of any person in custody or detention

for the commission of an offense who is unable to post bail due to abject poverty.
The court where the case of such person has been filed shall allow the release of the
accused on recognizance as provided herein, to the custody of a qualified member of
the barangay, city or municipality where the accused resides.

In the case of Ledesma v. Climaco (G.R. No. L-23815 June 28, 1974), Petitioner was a de
facto counsel for the two defendants pending in the sala of respondent judge, when the
respondent was appointed as Election Registrar for the Municipality of Capiz, Province
of Negros Occidental. There and there, he commenced to discharge its duties. He filed a
motion to be allowed to withdraw as counsel de oficio, premised on the policy of the
Commission on Elections to require full time service, which could prevent him from
handling adequately the defense. However, the Respondent Judge, in the challenged
order, denied said motion. The held to dismissed petition for certiorari

Thus, it manifests the indispensable role of a member of the Bar in the defense of an
accused. Such a consideration could have sufficed for petitioner not being allowed to
withdraw as counsel de oficio. For he did betray by his moves his lack of enthusiasm for
the task entrusted to him, to put matters mildly. He did point though to his
responsibility as an election registrar. Assuming his good faith, no such excuse could be
availed now.

The admonition is ever timely for those enrolled in the ranks of legal practitioners that
there are times, and this is one of them, when duty to court and to client takes
precedence over the promptings of self-interest.

A counsel de officio is the counsel appointed by the court to represent and defend the
accused in case he cannot afford to employ one himself.
Rule 2.02 – In such cases, even if the lawyer does not accept a case, he shall not refuse
to render legal advice to the person concerned if only to the extent necessary to
safeguard the latter’s rights.
Rule 2.03 – A lawyer shall not do or permit to be done any act designated primarily to
solicit legal business.
Rule 138, Sec 27, Rules of Court
Section 27. Attorneys removed or suspended by the Supreme Court on what grounds. — A
member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is required to take before the
admission to practice, or for a wilfull disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.

In the case of LUIS B. TAGORDA v Attorney-General Jaranilla and Provincial Fiscal

Jose for the Government [G.R. No. 32329. March 23, 1929.] Solicitation of cases by an
attorney as ground for disbarment or suspension. Application is given to section 21 of
the Code of Civil Procedure, as amended by Act No. 2828, providing: "The practice of
soliciting cases at law for the purpose of gain, either personally or through paid agents
or brokers, constitutes malpractice," and to Canons 27 and 28 of the Code of Ethics
adopted by the American Bar Association in 1908 and by the Philippine Bar Association
in 1917, to the case of the respondent lawyer.

The law is a profession and not a business.The solicitation of employment by an

attorney is a ground for disbarment or suspension.

Solicitation of business by circulars or advertisements, or by personal communications

or interviews not warranted by personal relations, is unprofessional, and the
commission of offenses of this character amply justices permanent elimination from the
bar. But as mitigating circumstances working in favor of the respondent there are, first,
his intimation that he was unaware of the impropriety of his acts, second, his youth and
inexperience at the bar, and, third, his promise not to commit a similar mistake in the
future. As a result, the respondent attorney is suspended from the practice as an
attorney-at-law for the period of one month.

In the case of MAURICIO C. ULEP vs. THE LEGAL CLINIC, INC. (Bar Matter No. 553
June 17, 1993) the Court "to order the respondent to cease and desist from issuing or
posting legal clinic services on Secret Marriage and Divorce. The court is explicit of
perpetually prohibiting persons or entities from making advertisements pertaining to
the exercise of the law profession other than those allowed by law."

Annex A

SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE.
ABSENCE.
ANNULMENT.
VISA.chanrobles virtual law
library

THE Please call: 521-0767

LEGAL 5217232, 5222041
CLINIC, INC. 8:30 am- 6:00
pm 7-Flr. Victoria Bldg., UN
Ave., Mla.

Annex B

GUAM DIVORCE.

DON PARKINSON

an Attorney in Guam, is
giving FREE BOOKS on
Guam Divorce through The
Legal Clinic beginning
Monday to Friday during
office hours.

Guam divorce. Annulment of

Marriage. Immigration
Problems, Visa Ext.
Quota/Non-quota Res. &
Special Retiree's Visa.
Declaration of Absence.
Remarriage to Filipina
Fiancees. Adoption.
Investment in the Phil.
US/Foreign Visa for Filipina
Spouse/Children. Call
 Marivic. HE 7F Victoria Bldg.
429 UN Ave., LEGAL Ermita,
Manila nr. US Embassy
CLINIC, INC. 1 Tel. 521-7232;
521-7251; 522-2041; 521-
0767(chanrobles virtual law
library)

the standards of the legal profession condemn the lawyer's advertisement of his talents.
A lawyer cannot, without violating the ethics of his profession. advertise his talents or
skill as in a manner similar to a merchant advertising his goods. 37The prescription
against advertising of legal services or solicitation of legal business rests on the
fundamental postulate that the practice of law is a profession. 
Anent the issue on the validity of the questioned advertisements, the Code of
Professional Responsibility provides that a lawyer in making known his legal services
shall use only true, honest, fair, dignified and objective information or statement of
facts. 33He is not supposed to use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services. 34Nor shall he pay or give something of value to
representatives of the mass media in anticipation of, or in return for, publicity to attract
legal business.
No amount of reasoning that in the USA, Canada and other countries the trend is
towards allowing lawyers to advertise their special skills to enable people to obtain
from qualified practitioners legal services for their particular needs can justify the use of
advertisements such as are the subject matter of the petition, for one (cannot) justify an
illegal act even by whatever merit the illegal act may serve. The law has yet to be
amended so that such an act could become justifiable.
Rule 2.04 – A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
CANON 3 – A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL
USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION
OR STATEMENT OF FACTS.
Rule 3.01 – A lawyer shall not use or permit the use of any false, fraudulent,
misleading deceptive, undignified, self-laudatory or unfair statement or claim,
regarding his qualifications or legal services.